Do I Need a Car Accident Lawyer If I'm Not at Fault?

Unfortunately, victims of car accidents are often unfairly blamed for crashes they did not cause. This is because, in many states, if an insurance company can prove that the victim is 50-51 percent or more at fault, they can reject the claim. This is due to the “modified comparative negligence” rule, which is in effect in a majority of states.

If the claim is not denied, insurance companies can still use comparative negligence to lower settlements. That’s because, in most states, crash compensation is reduced by a victim’s percentage contribution to an accident. For example, if an injured crash victim is 10 percent at fault in an accident and has $100,000 in damages, their compensation would be reduced by 10 percent to $90,000.

A handful of states have “contributory negligence” rules instead. In these states, if the insurance company can prove a victim’s actions contributed at all to a crash – even just 1 percent – then the injured victim gets nothing. They are barred from filing a claim or lawsuit seeking financial compensation. States with contributory negligence rules are Alabama, Maryland, North Carolina, and Virginia, as well as the District of Columbia.

A skilled car accident lawyer can help injured victims fight back against unfair tactics. They can negotiate with insurance companies on the victim's behalf and represent them in court if necessary.

Car accidents can be caused by any number of events. Common causes include distracted driving, speeding, drunk driving, reckless or aggressive driving, worn-out or defective car parts, and drowsy or fatigued driving. To collect maximum compensation, an injured victim must prove that the other driver was negligent and, therefore, at fault.

Crash investigations are an essential tool in determining what happened and who is at fault. Investigators examine the accident scene, interview witnesses, and review any available surveillance footage. They may also use accident reconstruction technology to create a digital recreation of the accident. Common evidence collected in these investigations include:

• Police reports.
• Eyewitness testimony.
• Surveillance footage.
• Photographs of the damage to the vehicles, skid marks, and the surrounding area.
• Medical records.

While injured accident victims focus on healing, an experienced car accident lawyer can handle the investigation, deal with the insurance company, and keep the case moving forward.

Lawyers understand how the law and insurance companies work. They know about damages victims are entitled to collect that may not seem obvious to others. This is why it is always a good idea to contact a lawyer if you’re injured in a car accident. However, there are certain scenarios in which it is especially critical to do so – even if the victim is not at all at fault. Here are some examples of when to get a lawyer after a car accident that wasn't your fault:

• The other driver is uninsured or underinsured. A lawyer can identify other liable parties and resources for the victim’s compensation.
• The insurance company is disputing liability. If the insurance company won’t make a substantial settlement offer, a lawyer can file a lawsuit to get results.
• Serious injuries or permanent disability. When injuries require more compensation than what is typically available in a crash, a lawyer can negotiate or litigate for the full compensation their clients deserve.
• Lost wages or reduced earning capacity. Injured crash victims who need time to recover, or never fully recover, are entitled to compensation to make up for the short or long-term loss. Insurance companies are infamous for downplaying injuries and disabilities to cut settlements and increase profits.
• The accident involved a commercial vehicle or a government entity. Commercial truck accidents and crashes that involve government trucks, construction vehicles, or other heavy equipment are often subject to different regulations than passenger vehicles. An experienced car and truck accident lawyer understands the unique circumstances, laws, and evidence available to build a strong case for injured truck accident victims.
• The accident occurred in a state with a contributory negligence rule.

Insurance companies and negligent drivers may use a variety of tactics to shift blame onto the victim and avoid paying for damages. They may argue that the victim was speeding, failed to yield, or was distracted by their phone or other devices. They may try to say the victim's injuries are not related to the accident or that the severity is exaggerated. If you were not at fault for the accident but are being blamed for it, a lawyer can help protect your legal rights and ensure that you are in the best position to be properly compensated for your injuries and damages.

Studies show that people who consult lawyers, on average, collect more in damages than those who do not – even taking the attorney’s fee into account. That’s why you need to know what to do after a car accident that wasn’t your fault.

If you have been injured in a car accident, you should not hesitate to contact an experienced car accident lawyer for a free case consultation. At no cost to you, a member of their team can listen to the details of what happened, answer your questions, and help you decide what to do next. Accident fault is not scientific. It’s negotiated. Don’t be the only one at the table without a lawyer. Contact a verified, trusted car accident lawyer in your area today for a free consultation.